The Most Honourable Andrew Holness, ON, MP
Prime Minister
primeminister@opm.gov.jm

The Honourable Dr. Horace Chang, MP
Minister of National Security
horace.chang@mns.gov.jm

The Honourable Dr. Christopher Tufton, MP
Minister of Health
tuftonc@moh.gov.jm

The Honourable Delroy Chuck, QC, MP
Minister of Justice
delroy.chuck@moj.gov.jm

The Honourable Mr. Justice Bryan Sykes, OJ, CD
Chief Justice
chiefjustice@supremecourt.gov.jm

Major General Anthony Anderson, CD
Commissioner of Police
ccuops@jcf.gov.jm

Paula Llewellyn, CD, QC
Director of Public Prosecutions
paula.llewellyn@moj.gov.jm

Lieutenant Colonel (Retired) Gary Rowe
Commissioner of Corrections
commissioner@dcs.gov.jm

 

Re: COVID-19 and Jamaica’s detention facilities

Dear leaders:

We write you with deep concern for the health and safety of the children and adults detained in police lock ups, remand centres and correctional centres and the staff and members of the public who work in these buildings. Universally, detention facilities are amplifiers of infectious diseases.  The deplorable conditions of Jamaica’s detention facilities have been documented for decades as notoriously overcrowded and unhygienic.  Over the years, some of the facilities have been ordered closed for these reasons.

These conditions are not fit for habitation in normal times. During the unfolding COVID-19 pandemic, which has already reached Jamaica, these conditions are imminently life-threatening. To not take drastic and bold steps to protect the children and adults detained puts both those who are incarcerated and the general public at risk.

Reducing the number of people in detention is regarded as one of the most crucial steps to take to manage a COVID-19 outbreak.  The Government of Jamaica has already acknowledged the need to prevent overcrowding in detention facilities.  Therefore, we are calling for immediate steps to be taken to reduce the population in police lockups, remand centres and correctional centres by releasing from detention:

1) Anyone that fits the Ministry of Health and Wellness’ criteria for at risk groups:
i. Persons 60 years and older  
ii. Persons with a weakened immune system
iii. Cancer patients undergoing chemotherapy
iv. Persons with chronic illnesses including heart disease, lung disease, kidney disease and diabetes

2) Children detained in lock ups, remand centres and correctional centres for being deemed uncontrollable

3) Anyone:
i. being held on remand for inability to pay cash bail
ii. incarcerated with a release date in 2020
iii. incarcerated for failure to pay fines


In addition, we call for the release of plans and measures being taken in response to COVID-19 to ensure the safety and protection of those remaining in facilities, the staff and volunteers working at these facilities.

Specific recommendations for the institutions you lead are attached. Given the urgency of the situation, we look forward to your prompt response and action.

Sincerely,


Cc: Arlene Harrison Henry                                            Terrence Williams
      Public Defender                                                        Commissioner
      ahenry@opd.gov.jm                                                 Independent Commission of Investigations
                                                                                        terrence.williams@indecom.gov.jm
     
      Diahann Gordon Harrison
      Children’s Advocate
      dgordonharrison@oca.gov.jm


Recommendations for mitigating the spread of COVID-19 in police lockups, remand centres, correctional centres  

A. Correctional and remand centres (Minister of National Security and Commissioner of Corrections)

1) Under the provisions provided in the Corrections Act, the Minister of National Security , Commissioner of Corrections  and the Medical Officer  have legal authority to release people in detention who pose low public safety risk . They should release the following:

a. Persons categorized as “at risk of serious illness from the coronavirus” by the Ministry of Health and Wellness:

      i. Persons 60 years and older  
     ii. Persons with a weakened immune system
    iii. Cancer patients undergoing chemotherapy
    iv. Persons with chronic illnesses including heart disease, lung disease, kidney disease and diabetes
b. Persons in remand centres for inability to pay cash bail
c. Persons incarcerated for inability to pay fines
d. Persons who complete their sentences in 2020

2) Provide written justification on public record for every decision to deny the release of people in pre-trial detention for inability to pay cash bail, incarcerated for inability to pay fines, persons 60 and older, with weakened immune systems and chronic illnesses as listed by the Ministry of Health and Wellness.  

3) Allow legal visitation to continue in all facilities. Provide means of protecting the immobilized population from infection by those who move in and out for legal visitation.

4) Make phone calls free and easily accessible.

5) Provide soap, hand sanitizer and frequent cleaning of the building.
6) When someone tests positive for COVID-19, release them to a government health facility, immediately. Take measures to ensure those in contact with the person receive appropriate care.  
7) Share the plan to deal with COVID-19 in child and adult remand centres and prisons with the public.

B. Police lockups (Police Commissioner)

1) Immediately relocate or release those held in lock ups that were, based on inspection, recommended to be closed.  
2) Release the following:
a. Persons categorized as at risk by the Ministry of Health and Wellness:
      i. Persons 60 years and older  
      ii. Persons with a weakened immune system
      iii. Cancer patients undergoing chemotherapy
      iv. Persons with chronic illnesses including heart disease, lung disease, kidney disease and diabetes
b. Persons in remand centres for inability to pay cash bail
3) Provide written justification on public record for every decision to deny the release of people in pre-trial detention for inability to pay cash bail, incarcerated for inability to pay fines, persons 60 and older, with weakened immune systems and chronic illnesses as listed by the Ministry of Health and Wellness.  
4) Allow legal visitation to continue in all facilities.
5) Make phone calls free and easily accessible.
6) Provide soap, hand sanitizer and frequent cleaning of the building.
7) When someone tests positive for COVID-19, release them to a government health facility, immediately. Take measures to ensure those in contact with the person receive appropriate care.  
8) Share the plan to deal with COVID-19 in police lockups with the public.

Recommendations C, D and E are grounded in the belief that the pandemic is not the time to increase the population who are immobilized.

C. Law enforcement (Police Commissioner)

1) Arresting and detaining persons should be the last resort, used only where there is a threat to safety of others.
2) Direct any cases of residents’ violation of quarantine regulations to civil, not criminal, system.
3) Provide written justifications on public record for every decision to arrest and detain children and adults.


D. Prosecution (Director of Public Prosecutions)

1) Reject criminal charges as much as possible and recommend alternatives such as restorative justice, dispute resolution and community level solutions.
2) Where criminal charges are warranted, recommend non-custodial charges.
3) Recommend non-custodial sentences as much as possible.
4) Support the release of children and adults in pre-trial detention for inability to pay cash bail, incarcerated for inability to pay fines, persons 60 and older, with weakened immune systems and chronic illnesses as listed by the Ministry of Health and Wellness.  
5) Provide written justifications on public record for every decision to admit children and adults in lock ups, remand centres and prisons.
6) Provide written justification on public record for every decision to deny the release of people in pre-trial detention for inability to pay cash bail, incarcerated for inability to pay fines, persons 60 and older, with weakened immune systems and chronic illnesses as listed by the Ministry of Health and Wellness.  

E. Recommendations to Judiciary or Chief Justice

1) Issue custodial sentences as last resort.